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State v Ratumasia [2012] FJMC 85; Criminal Case595.2012 (8 May 2012)

IN THE RESIDENT MAGISTRATE’S COURT
OF FIJI ISLANDS AT SUVA

Criminal Case No; 595/2012

STATE

V

ESIROMI RATUMASIA

Prosecution : Cpl Temesi.
Accused : In Person.

SENTENCE

1. The Accused of this case had been charged in the Magistrate’s Court under Section 5(a) of Illicit Drugs Control Act No 09 of 2004, for the possession of an illicit drug namely, Cannabis Sativa.
   
2. According to the charge, the quantity was 40.7 grams.
   
3. In view of the Criminal Procedure Decree 2009 and the decision of His Lordship Justice Goundar in State v Ilatia Wakeham HAC 001/2010, the Magistrates’ Court had the jurisdiction to hear and determine case under the Illicit Drugs Control Act No 09 of 2004.
   
4. You Esiromi Ratumasia are therefore, here today to be sentenced following the admission of ‘guilt’ on your own accord and free will in this Court on 25.04.2012, for committing the above.
   
5. According to the Summary of Facts tendered by the Prosecution, which was read over and explained to you in your chosen language, on the 23.04.2012 PC 2347 Ratawa (PW1) and a team of police officers had approached and searched you at a your residence on a tipoff selling illicit drugs.
   
6. The police officers had found dried leaves of Cannabis in 84 sachets from your possession. You had been escorted to Raiwaqa Police Station and interviewed under caution. The dried leaves found in your possession had been identified as Cannabis Sativa by the Government Analyst.
   
7. The aforesaid Summary of Facts was admitted by you on your own free will.
   
8. According to Section 5 (a) of the “Illicit Drugs Control Act 2004 "any person who without lawful authority acquires, supplies, possesses, produces, manufactures, cultivates, uses, or administers an illicit drug commits an offence and is liable on conviction to a fine not exceeding $1,000,000 or imprisonment for life or both."
   Section 2 of the Illicit Drugs Control Act 2004 interprets "illicit drugs" as any drug listed in Schedule I.
   
9. I base my sentence on the case law The State v Abdul Aiyaz [2009] FJHC 188; HAC033.2008S (2 September 2009) where His Lordship, Justice Goundar expressed how the evidence in a similar case be analysed and in view of the guilty plea, conclude that the elements stated in that case have been proved beyond reasonable doubt.
   
10. In State v Seru (2008) FJHC 151; HAC089.2008 (25 July 2008) His Lordship, Justice Goundar stated that the Tariff is 3 to 9 months imprisonment for small amount of drugs for personal use.
    
11. Having considered the above judicial precedent I select 08 months imprisonment as the starting point for your sentence.
    
12. The aggravating factors are the manner you had been seen at your residence around 10.30 am with a large number of sachets (84) of illicit drugs in possession. I am of the view that the quantity you possessed (40.7 grams) cannot be considered as a 'User quantity'. I increase your sentence by 5 month for the said aggravating facts.
    
13. Your sentence stands at 13 months now.
    
14. In written Mitigation you informed Court that you are 33 years of age; married with 3 children; pleaded guilty at the first available opportunity; sole breadwinner; co-operated with police; and promised not to re-offend. For your early plea and other mitigating factors I reduce 3 months from your sentence.
    
15. Your final sentence now stands at 10 months imprisonment.
    
16. I am mindful of the fact that a sentence below two (02) years could be suspended in terms of Section 26(2)(b) of the Sentencing and Penalties Decree 2009.
    
17. "Suspended sentence" was introduced into sh lish law as 'part of a wider search for ways of reducing the numbers in prison', and because of the 'strain which the prison population has suffered'. "Suspended sentence" can bsider an al/b>alternlternative for imprisonment.
    

In O'Keefe 1969 1 AER 426 it was held;